Construction is widely known as one of the most dangerous industries in the United States. Construction workers work with heavy, hazardous materials and powerful machinery in sometimes harsh and unsafe conditions. Every year, thousands of construction workers are killed or injured while working on construction sites. Although construction companies are required to inspect each site with safety engineers to ensure proper safety measures are in place, accidents still happen.
Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. is committed to representing the interests of injured construction workers and their families. Since 1987, we have fought for the fair compensation our clients deserve. Our New York City construction accident lawyers are here to help you face a more stable future.
To discuss your construction injury claim with a skilled lawyer, give us a call at (646) 681-7055. Your consultation is free and confidential.
Proving Fault is Not Necessary for Workers' Comp
The nature of construction work makes eliminating the risk of on-the-job injury nearly impossible. Construction work can be extremely dangerous. Thankfully, there are laws in place to improve the safety of construction sites so the number of workers injured is kept at a minimum.
Worker’s compensation provides medical care and a portion of lost wages to injured workers. When a worker is injured on the job, even if the accident is not due to any negligence on part of the construction company or any individual on the site, the injured worker is typically entitled to some compensation for injuries. Workers with the inability to work, or those facing limitations as the result of an accident while working on a construction site, have this benefit available to them as a form of protection.
Worker’s compensation helps injured workers continue to care for their finances while they are unable to work. These benefits are awarded in a compensation claim and are related specifically to the type of injury a worker sustained, the severity of the injury, how long it will take for the worker to recover, and the worker’s salary.
Accidents Due to Negligence at a Construction Site
Employers have a legal obligation to their employees and others on the job site to maintain a safe working environment. The construction equipment used must be routinely maintained and inspected to ensure it is in top working condition.
If gross negligence or the negligence of a third party can be proven, the injured party has the legal right to file a claim. Adequate safety procedures must be established and thoroughly enforced on the work site each day. Potential hazards must be pointed out to any worker whose life may be in danger due to working around them. In cases where injuries are the result of the negligence, employees may be able to sue for damages.
It is crucial for the equipment to be inspected and maintained. The safety of construction equipment is a critical factor in a company’s ability to keep a safe site for its workers. If a manufacturer defect is the cause of a work site injury, the manufacturer can be held liable.
Although worker’s compensation benefits help injured workers meet their financial obligations while they recover, the pay does not compensate the worker or their family for emotional and physical pain and suffering resulting from the injury. It is thus imperative to determine if the manufacturer of the equipment, the employer, or another party is responsible for the injury or death to see if a lawsuit is warranted.
Steps to Take After a Construction Site Injury in NYC
If you are ever injured on the job, it is crucial to act quickly in order to protect your rights. If you become an injury victim, your first concern should be to seek medical attention as soon as possible as it is imperative to protect your health. Even if the injury does not seem significant, you should get a medical evaluation to make sure there are no serious problems that may come to light later on.
We recommend taking the following steps after a construction site accident:
- After the injury has been treated, and you have been examined for other damages, you should file a report with your employer if you are physically able to do so. You need to provide as much detail as possible about the accident including when, where, and how it happened. Anything you can remember about the accident needs to be documented in order to minimize the length and cost of litigation. Writing a thorough incident report can be your most valuable ally for ensuring your protection.
- If possible, you should also take several photographs as soon as you can return to the site. Documenting the sites and conditions under which the accident occurred can play a crucial role in determining whether an accident was due to negligence or another factor. If there is a legal dispute or a disagreement with the insurance company, photographs can play an essential role in supporting your argument.
- Consult with a reputable NYC construction accident attorney. If you are injured in a construction accident, it is crucial that you follow the specific legal procedures to make sure you receive all the benefits you are legally entitled to. Consulting with a lawyer with extensive experience in construction accidents is an excellent decision. We work with clients to fill out forms, collect information and evidence, and meet other legal requirements.
- Keep a journal and note everything you can think of related to the accident, your injury, and the recovery process. Keep track of doctor visits, symptoms you feel, and write down conversations you have had with others about the accident. This helps you more thoroughly monitor the whole situation and keep track of important details you may need weeks and months down the road.
- Review the report from your employer. As an injured party, you are entitled to request a copy of the report from your employer. Review it thoroughly to make sure the information is accurate. If you see anything written in the report that is not accurate and you do not agree with, ask your employer about the information written.
Our dedicated team can help you understand your legal rights and obtain the compensation that you are entitled to. If you or a loved one suffered a construction injury, call us at (646) 681-7055.